Brooks v. City of Roanoke

By Judge David B. Carson

This matter is before the Court on Defendant’s Special Pleas in Bar based upon statutory and common law sovereign immunity. For the reasons that follow, the Court sustains both of Defendant’s Pleas in Bar and dismisses Plaintiff’s Complaint with prejudice.

Facts

On July 23,2008, Henriette B. Brooks tripped and fell crossing Church Avenue in the City of Roanoke after leaving a Rotary Club meeting. It is alleged that, as Plaintiff stepped from the street onto the curb, she lost her balance and fell, injuring her shoulder. Pursuant to Va. Code § 15.2-209, on December…